Eastlund drafts bill to repeal Green Acres changes

Other local legislators support modifying the new law once the session resumes in January.

If he can, Representative Rob Eastlund will repeal the changes made to the Green Acres bill in 2008.
He has already drafted a bill that would do so and intends to submit it once the 2009 session begins.
"We're hoping to generate enough concern about this so that when we get to the Legislature next January we can make some changes," said Eastlund during a community forum on the issue Oct. 1, 2008 at Anoka-Ramsey Community College – Cambridge Campus. Hundreds from Isanti County, as well as neighboring areas, attended the forum to register their concern about the issue.
Eastlund believes there is a pretty good chance that the repeal effort will succeed. He pointed out that there are 32 counties in the state affected by these changes. Eighty-four representatives and 42 senators represent these areas in the Legislature.
That's a majority in both houses.
"It's our intent to squash the bill, but there is no guarantee in the Legislature," admitted Eastlund.
He was joined at the forum by Senator Rick Olseen and Representative Sondra Erickson, both of whom support changes to the Green Acres bill.
If the repeal doesn't work, plan B is to make changes to the new law.
The most contentious item is the way grandfathering is being handled. Olseen, Eastlund and Erickson stated that when they read "grandfather" in the bill approved in May 2008, they assumed it meant there would be no changes to anyone currently in the program.
Thom Peterson of the Minnesota Farmer's Union pointed out his group urged the Legislature last spring to form a task force before making changes to the Green Acres law. This was never done, but instead the bill went directly from a committee to law. It was included in the 250-page tax omnibus bill passed on the last day.
Senator Olseen admitted that the way this issue was pushed through was a mistake. "I feel like I was snookered," he said. When the bill was explained on the senate floor, there was no mention of the seven-year payback. "This bill goes against everything we all stand for," he stated. "I don't think this was a good decision, and I apologize for that."
Eastlund agreed. "I really think there was a breakdown in the legislative process here." The legislators present vowed to be sure that this time around, farmers have a chance to make their voices heard during committee hearings.
Towards that end, Eastlund encouraged people to write down their stories, and either email them or mail them to legislators.
"We need to get the message out to everybody," said Eastlund.
What should farmers do now?
"Don't panic," Jeremy Geske of the Minnesota Farm Bureau tells callers to his office. "We've got the legislative session to fix it."
From his point of view, one of the biggest issues with the modified law is that is doesn't provide a way for landowners to transfer their land to the next generation without pulling property from the Green Acres program.
Eastlund had this advice for farmers. Consider what you will be doing with your land over the next five years. If you may sell a portion or parcel off for a child, you will likely want to notify your assessor's office that you may pull it out of the program.
Landowners in Isanti County, along with others, have been sent letters from the assessors' offices asking people whether their intent is to stay in the program or not. Farmers are urged to end the letter back so they can begin planning. However, no one is bound to the decision they make prior to Jan. 2. Each landowner will have until next summer to make a final decision under the new law. And that law may be repealed or changed in the interim.

TIMELINE FOR FARMERS
NOW - Farmers are receiving letters from their county assessor asking whether or not they intend to remain in the program.
JAN. 2, 2009 – Farmers must state their intent to withdraw or remain in the program. This is non-binding.
SUMMER 2009 – Farmers will be given the tax impact of withdrawing from the program to make a final decision.
NOV. 15, 2009 – Any deferred taxes are due.

CHANGES TO GREEN ACRES
• Productive and non-productive land will be separated and treated differently. Productive land includes: anything tilled or pastured, what's mowed for hay, and land that is fallowed. Non-productive includes: sloughs, wetlands, meadows and woods.
• A new classification was created: Rural vacant land. That land will no longer be allowed in the Green Acres program. At present, the land will be valued at the same rate as farmland, however.
• Land in the program is grandfathered in with two provisions. 1) When land classified as rural vacant land is removed from the program it will be subject to a seven-year payback (compared to the old three-year payback). 2) In the future, landowners will no longer be allowed to withdraw small tracts of land, but must instead do all or none. When withdrawn, the land is subject to a seven-year payback.
• Landowners may withdraw some or all of their land from the program by next summer and pay only the three-year payback included under the old law.

Why were changes made to the Green Acres program?

The Office of the Legislative Auditor (OLA) studied the Green Acres program and released a report on its finding in February 2008.
It discovered several flaws.
GREEN ACRES REDUCES TAX BURDEN FOR FARMERS, THEN SHIFTS TAXES TO OTHERS
According to Jody Hauer of the OLA, the Green Acres program does reduce taxes for many farmers. It does this by reducing the value of the land for taxation purposes. Rather than value the land at the highest and best use, the land is merely valued at what it is worth as a farm.
Land in Chisago, Isanti, Sherburne and Wright Counties is typically valued at an average of $6,500 an acre. Under the Green Acres program, farmland is being taxed at $1,900 per acre – more than three times less.
Across the state, $35 million in taxes is being deferred or reduced, according to Steve Heinze, a non-partisan member of the House Research Department.
While farmers are paying less, this does not mean that the amount of taxes coming in from a county is less overall. Instead, non-farmers are picking up a larger share of the tax burden, pointed out Representative Rob Eastlund, who is himself a farmer.
GREEN ACRES DOES NOT EFFECTIVELY PRESERVE FARMLAND
The OLA found that the program was not saving farmland in the lon term.
"Although the program reduces the tax burden for eligible owners, we concluded it does not effectively preserve farmland beyond the short term," said Hauer.
Part of that is because the three-year payback that has always been in the program is relatively short. Even when they pay back the penalty for taking land out, landowners often come out ahead by selling the land for development.
Also factoring into the equation is that landowners are not asked to commit to the program long term.
The OLA also concluded, "Green Acres' effectiveness at land preservation is limited because the program is not targeted to high-quality land or to land that is at risk of soon being developed."
LANDOWNERS ACROSS THE STATE ARE NOT BEING TREATED EQUALLY
Additionally, the program is not being applied the same throughout the state. While land in one county may be eligible, it is not in another area.
The old law was also unclear about what types of landowners and land could benefit. Some in the program were investors who owned the land but were not farmers. This included a large parcel near the Mall of America and another near the outlet center along Interstate 94.
The value of land for recreation and hunting also factored in.
The OLA questioned the practice of allowing non-productive land to be included within the Green Acres program.
Consequently, the OLA recommended that the Legislature clarify in statute who and what types of land should benefit from the Green Acres program, said Hauer.
For the full report, browse www.auditor.leg.state.mn/ped/2008/greenacres.htm.

Isanti dedicates mural

Isanti officially dedicated the new mural on the side of the Family Pathways building along Main Street on Friday, Sept. 26, 2008.
The dedication was part of a picnic attended by over 100 downtown businesses and city representatives.
Mural artists included Walter Horcher and Lisa Marie.
The mural depicts what Main Street Isanti looked like in the early 1900s, based on a black-and-white photograph. Horcher was commissioned by the Isanti Revitalization Committee to paint a rendition of that photograph as a mural. Before designing the project, he studied many photos of downtown Isanti and has consulted with committee members in order to capture the look and feel of the 1900s, using shades of brown.
The event on Sept. 26 also commemorated the new flower pots, benches and banners hanging downtown. They are part of a ongoing effort to beautify the area, which is organized by the Downtown Isanti Committee.

TO A POINT: It's no surprise 'I Remember Mama' sells out four shows

In these times of foreboding financial headlines, it's nice to hear a heartwarming story of families pulling together.
Such was the case when I watched ABC Theater's production of "I Remember Mama." The show ran two weekends (Sept. 20 and 21, 27 and 28) in Cambridge and sold out all four performances. Wow. I think it's a testament to our hunger for good stories that make us laugh and bring us to tears, and then make us laugh again.
The play centers around one Norwegian family living in San Francisco, Calif. in 1910 -- but it could just as easily have been set in Cambridge or Isanti. The Norwegian accent is easily recognizable to us Minnesotans. Uff da. The story follows Mama (played by Dawn Holmquist) and Papa (played by Jon Nystrom) as they struggle through life with little money, yet somehow manage to make sure their four children always have what they need – and a little more. They all sit down at the kitchen table and pay their bills together. What an important lesson in this time of financial crisis. Mama and Papa show their children how to spend only what they have and put what's left away for an emergency. And someday, Mama might get that nice winter coat she's been saving for.
"I Remember Mama" follows the family through good times and bad. There's the time the littlest girl Dagmar (played by Emily McLean and Sara Snell) gets sick and has to be hospitalized. There's the time the kitten miraculously recovers – despite having been put down for the night in a bed of chloroform. It's a miracle! An old maid, Aunt Trina (played by Sherry Pearce), finds happiness and love. Eldest daughter Katrin (played by Bethany Holmquist) strives to become a writer, and encounters frustration and disappointment along the way to achieving her dream. Christine (played by Rachel Fager) is the envious sister, who makes sure Katrin knows how her behavior is affecting the rest of the family. And Nels, the oldest boy, (played by Seth Holmquist) is a steady rock when his mother needs him.
Extended family bring conflict and humor to the tale. Scott Walburg plays a foreboding and loud Uncle Chris, who scares the aunts on purpose but never means to frighten the children. Aunt Jenny (played by Elizabeth Healy) is always into everyone's business and feels free to give her two cents at every opportunity. And aunt Sigrid (played by Joyce Greenberg) always complains.
Chuck Pearce plays the dramatic Mr. Hyde, the boarder who entertains by reading the family books at night. Others rounding out the cast include Debra Snell as a woman, Rick Holmqust as Mr. Thorkelson, Tom Walker as Dr. Johnson, a soda clerk and bell-boy, Cheryl Hubacher as a nurse, Millie Healy as a nurse, Rebekah Fager as Dorothy Schiller, and Kathy McCully and Janet Bostrom sharing the role of Florence Dana Moorhead.
The show was directed by Dawn Holmquist with help from Sherry Pearce (assistant director) and Joyce Greenberg (director's assistant). Seamstress Diane Hallin and set builder Jon Nystrom helped transform the community room of the Isanti County Historical Society Heritage Center into a theater. Stage manager was Luke Snell. All things technical were overseen by Lenny Greenberg, and Harriet Anderson served as drama consultant.
Congrats to all of you on a job well done!
Look for more shows coming in the future from the ABC Theater Company. "Our goal," according to Dawn Holmquist, "is to produce plays that provide opportunities for inter-generational involvement and family participation."

Power outages reported in Chisago County

One due to fallen tree, another to car crash

Sections of Chisago County were without power on Tuesday night, Sept. 23, 2008.
The outage in North Branch lasted about three hours.
A dead tree toppled onto a 69,000-volt transmission line along County Road 30 between Main and Maple Streets at about 4:45 p.m. when a storm roared through the city. Winds reached speeds of 60 miles per hour.
The transmission line belongs to the United Power Association, noted North Branch Water and Light Superintendent Russ Good. UPA asked the city not to turn on its generator for fear of backfeed, Good noted. If it hadn't been for this request, the city would have had power back up within 15 minutes. As it is, the fear was unfounded, said Good, and he intends to speak to UPA representatives so the same situation doesn't occur in the future.
Good also plans to approach the city's public works department to remove the remaining dead trees in that location.
The dead tree was removed Tuesday night by East Central Energy crews, and power in most of the city was back up by 7:30 p.m.
Isolated spots were without power longer due to downed branches on lines.
"It was a demonstration of what happens at the municipal level. We were right here and able to restore the power right away," said Good.
SOUTHERN OUTAGE
Power was also out in the southern portion of the county from Wyoming/Stacy to Center City later that evening.
A vehicle struck a power pole along Highway 61 just south of 245th Street in Wyoming at 10:24 p.m.
According to the Chisago County Sheriff's Department, an unmarked Ramsey County squad car responded to the scene. It was northbound when it hit the support cables in the roadway and was rolled onto its side by the force. The deputy was not injured.
Excel Energy had the power restored by 12:30 a.m.

Red flags raised at METO

Ombudsman finds handcuffs being used to restrain clients far too often.

A treatment program in Cambridge for those with developmental disabilities has relied far too long on using handcuffs to restrain clients.
So says the Minnesota Office of Ombudsman.
In a report released last week, the Ombudsman detailed how handcuffs were used at Minnesota Extended Treatment Options (METO) to restrain one client 299 times in 2006 and 230 times in 2007. Others were restrained for varying lengths of time.
Since bringing the issues before METO management and the Minnesota Department of Human Services (DHS), changes have been made to how frequently handcuffs and leg hobbles are used.
"We have already taken corrective action to come into compliance with the Ombudsman’s recommendations and the standards of the Office of Health Facilities Complaints and the Department of Human Services Licensing Division," said a DHS spokesperson.
DHS has hired four national experts to review METO and recommend program changes. The report is expected in the next few weeks.
HOW DID WE GET HERE?
America has moved away from confining those with developmental disabilities, pointed out Ombudsman Roberta Opheim in her report. "For over 40 years, it has been the policy of this nation that persons with developmental disabilities have the right to receive treatment in the least restrictive setting. They have the right to achieve the highest attainable integrated life possible."
The report asks, "How did we get to this point in 2008?"
While METO, formed after the Cambridge State Hospital was closed in 1999, began with high goals, it has slid into negative practices, according to the Ombudsman.
COMPLAINTS MADE
The Ombudsman first became concerned about METO in April 2007. A caller raised concerns about METO's use of metal handcuffs and leg hobbles to restrain a particular individual on a regular basis. The caller felt that as guardian his/her wish that this type of treatment not be used should be followed. After being contacted by the Ombudsman's office, METO staff agreed to the guardian's wishes, and the case was closed.
In September, the Ombudsman's office again received complaints about metal handcuffs and leg hobbles being used at METO. Based on the new information from two people, the Ombudsman decided to review several other files chosen at random.
This investigation revealed that the standard practice at METO was to place clients in restraints after they misbehaved for two minutes.
A full-scale investigation was launched.
Of the 40 records reviewed in October, 65% of clients had been restrained. Of those 74% had been restrained over 10 times.
Clients were routinely being restrained in a prone, face-down position and placed in metal handcuffs and leg hobbles.
Some were being restrained for such "aggressive behavior" as touching a pizza box, spitting and talking about running away.
METO policy specifically stated that a person should not be restrained for more than 50 minutes, yet this was being done. To be taken out of restraints, a client needed to be calm for 15 minutes, yet many became agitated while in restraints and thus stretched out the length of time restrained.
Following site visits in January, the Minnesota Department of Health citied METO for 15 rule violations.
NO CHANGE
When Ombudsman staff returned to check on progress in March, they were disappointed in the lack of changes made.
One person in the SLF unit had been restrained 23 times from Feb. 10 to March 17, 2008. Another person had been restrained in February, and slept through most of March.
Changes had been made to how often restraints were used in the ICF unit. This is the unit eligible to receive federal funds, and the federal program does not allow for such restrictive restraints. "There is no indication that the change was because of any acceptance that this practice is a problem or that they intend to change their practice in the other six units," said the Ombudsman report.
ISSUES
The Ombudsman condemns the accepted belief among staff that clients will not get better unless the restraints are used.
She pointed out that improper use of restraints can constitute abuse under Minnesota's Vulnerable Adult Act.
The report recommends that the Department of Human Services begin a comprehensive review of the policies and procedures at METO.
The Ombudsman also pushed that all staff receive training in positive behavioral programming, rights of clients, and documentation.
Additionally, the Ombudsman took issue with the length of time some patients have been at METO, and recommended that staff begin planning for the discharge of anyone who has been there past two years.
"The system as a whole fell complacent in their roles to protect these vulnerable Minnesotans," said the Ombudsman.
"These citizens deserve better and the taxpayers of Minnesota deserve more effective use of their resources."

What is METO?
• A short-term program for those with developmental disabilities.
• Residents have some of the most challenging behaviors, and may have been involved in the criminal justice system or lost their less restrictive community placement
• Licensed for 48 beds
• Established after the Cambridge State Hospital was closed

The problem:
• Handcuffs and leg hobbles were being used on clients too often
• They should only be used when there is imminent risk to the client or others
• One client was restrained 299 times in 2006 and 230 times in 2007. Reasons included touching the pizza box or a staff member.
• Others were restrained for various behavioral problems that ranged from hitting oneself to tipping over a chair.

In their words:
"What the Ombudsman found was a program that was established with a good foundation and lofty goals, but had slid into a pattern of practice that used restraints as a routine treatment modality in too many cases."